Ch. Imran Hassan Ali, Advocate, represented the successful Petitioner in a Petition for Writ of Habeas Corpus before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioner was the hapless mother of a 4-year-old boy. She had been deserted by her husband, the child’s father, who wanted to marry another woman. The child was living with the mother when one day he was forcibly taken away by the father, a serving army commando. The mother had no option but to take recourse to legal proceedings. She filed a Writ Petition in the High Court.
The Court ordered the bailiff to produce the child in Court. The bailiff, along with police, raided the father’s family house. Despite some resistance by the father’s influential family, the child was recovered and brought before Court. Both sides were heard at length. Eventually, the Court found in favour of the mother. It was guided by principles of Shariah/Islamic Jurisprudence, which give a mother priority in matters of custody/guardianship of minor children.